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^'""^ AMENDMENTS 



School Laws of 1897 



SS 1 As Enacted by the Twenty-seventh 

General Assembly. 



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g g Published by the Superintendent of Public InstrucJ 

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J TiON, IN Conformity with Section 2624, for 

S Distribution to School Officers 

I AND Boards of Directors. 



\ 

iDES MOINES: I 

T. R. CONAWAT, STATE PRINTBR. . I 



Volumes bound in paper covers shall be larnished to each school 
director, to be turned over by the director to his successor in office. 
—Section 2624 Code. 

Each school'officer, upon the termination of his term of office, shall 
immediately surrender to his successor all books, papers and moneys 
pertaining or belonging to the office, taking a receipt therefor. — Sec- 
tion 2770 Code. 



PREFACE. 



To aid those interested in the proper administration of school 
government and school laws, these amendments to the code of 1897, 
enacted by the Twenty- seventh General Assembly, are published. 

Chapter 73 authorizes the state board of educational examiners to 
employ a secretary and expend annually a sum not to exceed |1, 500. 
It is believed that this change in the law will enable the board to 
accommodate the teachers of the state by holding more examinations 
than formerly. 

Chapter 77 provides for an increased appropriation for the State 
*^ormal School at Cedar Falls, Iowa. 

Chapter 84 provides for the establishment of county high schools 
and also for the disestablishment of such schools if so ordered by a 
majority of the voters of the county. 

Chapter 85 requires that the county superintendent shall here- 
after be the holder of certificate issued for a period of two years. 

Chapter 86 requires all applicants for teachers' certificates to be 
examined in didactics. 

Chapter 87 provides that the institute fund shall be paid out by 
the county treasurer on warrants drawn by the county auditor on 
written order of the county superintendent, accompanied by the bill 
lor services signed and sworn to by the person to whom due and 
verified by the county superintendent. The fund may not be over- 
trawn. 

Chapter 88^makes it the duty of school boards in districts where 
schcol sites adjoin improved lands, to maintain a lawful fence. 

Chapter 89 is an important amendment. It provides that when the 
boundary line between a school township and an independent city or 
town district is not the line between civil townships it may be changed 
by the concurrence of theDboards of directors. The whole amend- 
ment should be read with care. 



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Chapter 90 provides for the sale of school laws by county auditors. 

Chapter 91 relates to the names of school corporations and the 
election of directors therein. This amendment became effective by 
publication. 

Chapter 92 provides that where there is an even number of sub- 
districts a director shall be elected at large by the voters of the 
school township. 

Chapter 93 amends the code by providing that in school districts 
composed in whole or in part of cities or incorporated towns, the 
treasurer shall be elected for two years. This amendment became 
effective by publication. 

Chapter 94 simplifies the provisions of section 2808 of the code. 
Hereafter the auditor will notify the county treasurer of the appor- 
tionment due each school corpo:ation instead of the president of the 
board of each corporation. 

Chapter 95 gives to boards of directors of school corporations the 
right to issue bonds to pay any judgment or any indebtedness under 
bonds lawfully issued. Boards are also authorized to issue school 
building bonds for the purpose of erecting, completing or improving 
schoolhouses when authorized by the voters. 

When not otherwise noted, these amendments go into effect on the 
fourth of July, 1898. 

Richard C. Barrett, 
Superintendent Public Instruction. 

Des Moines, July 1, 1898] 



— 4 



SESSION LAWS. 

CHAPTER 73. 

S. F. 145. 

AN ACT to repeal section twenty-six nundred and thirty-four (2634) of the code, 
and to enact a substitute therefor, relating to the State.Board of Educational 
Examine[rjs, and authorizing it to employ a secretary. 

JBe it enacted by r the General Assembly of the State of Iowa: 

Section 1. Compensation— secretary— salary. That section 
twenty-six hundred and thirty-four of the code be, and the same is 
hereby repealed, and the following enacted in lieu thereof: 

"Each member of the board, and person appointed to 
assist in conducting examinations, shall receive for the time 
actually employed in such service his actual necessary 
expenses, and those not salaried of&cers shall be paid in addi- 
tion three dollars a day. The board shall have power to 
employ a secretary and prescribe his duties. He shall 
receive a salary of not exceeding $75 a month and actual 
necessary expenses while engaged in the performance of his 
duties at places other than his residence. All expenditures 
authorized by this section shall be certified by the superin- 
tendent of public instruction to the auditor of state, who 
shall draw warrants therefor upon the treasurer, but not to 
exceed the fees paid into the treasury by the board. The 
aggregate amount to be paid in any one year by the board 
for all purposes shall not exceed |1,500." 
Approved April 7, 1898. 



CHAPTER 77. j 

H.-F. 105. I 

AN ACT anciending section twenty-six hundred and eighty-two [2682] of thercode, 1 
relating to annual appropriations for the Normal School at Cedar Falls, Iowa. 

Be it enacted by-the General Assembly of the State-of Iowa: \ 

Section 1. t Teachers' and contingent fund. That section ' 
Iwenty-six hundred and eighty-two of the code be and the same is 

hereby amended by striking out the words "seventeen thousand five 1 

hundred," in the second line of said section, and inserting in lieu ; 

thereof the words "twenty- eight thousand five hundred," and by j 

striking out the words "three thousand" in the fourth line of said j 

section, and inserting in lieu thereof the words "nine thousand." \ 

Approved April 12, 1898. • 



CHAPTER 84. 

H. F. 139. 
AN ACT to amend sections twenty-seven hundred aid twenty-eight (2728), 
twenty-seven hundred and thirty (2730), twenty-seven hundred and thirty-one 
(2731), and twenty seven hundred and thirl y-two (2732), and repeal seotion 
twenty-seven hundred and thirty-three (2733) of the code, and enact a substi- 
tute therefor, in relation to county high schools. 

Be it enacted by the General Assembly oj the State oj Iowa: 

Section 1. How established. That section twenty seven hun- 
dred and twenty-eight (2728) of the cede be amended by inserting 
after the word "question," in the sixlh line 1 hereof, the words, 
"Together with the amount of tax to be levied to erect the neces- 
sary buiJdiDgs." Also, by inserting in said section, after the word 
"school" in the eleventh line thereof, the words, "And for or 
against the levying of the tax." Also by inserting in said section, 
after ihe word ''school," in the thirteenth line thereof, the words, 
"Ard the levying of such tax." 

Sec. 2. Approval of electors. That section twenty-seven hun- 
dred and thirty (2780) of the code be amended by striking out all that 
part of the same after the word "county," in the fifth lire thereof, 
and up to and including the word "only," in the twelfth line thereof, 
and iBserting the fc Hewing, in lieu thereof: "And shall procure 
plans atd spec itications for the erection of such buildirgs, and make 
all necessaiy contracts for the erection of the same, the cost of which, 
when completed, shall not exceed the amour t of the tax so levied 
therefor. They shall also ar nually make and certify to the board of 
supervisors on or beiore the fi.rst Monday of September of each year, 
an estimate of the amount of funds needed for improvements, teach- 
ers' wages and contingent expenses for the ensuing year, designating 
the amount for each, which, in the aggregate shall not exceed, in any 
one year, two mills on the dollar, upon the taxable property of the 
county. No expenditures for buildings or other improvements shall 
be made, or contract entered into therefor, by said board, involving 
an outlay of to exceed five hundred dollars in any one year, without 
the same first being submitted to the electors of the county in which 
said school be located, for their approval." 

Sec. 3. Management. That section twenty-seven hundred and 
thirty-one (2731) of the code be amended by striking out all that part 
of said section up to, and includicg the word "but," in the fifth line 
thereof, and inserting the words, "said board," in lieu thereof. 

Sec. 4. Apportionment — tuition. That section twenty-seven 
hundred and thiity two ('^782) of said code be amended by adding 
thereto, at the end of said section the following: 

"Said board of trustees shall make all necessary rules 
and regulations in regard to the age aud grade of attainments 
necessary to entitle pupils to admission into the school, and 
shall, on or before the 10th day of July of each year make 
an apportionment between the different school corporations 
of the county, of the pupils that shall attend said school, 
and shall apportion to each of said school corporations its 
proportionate number, based upon the number of pupils that 



can be reasonably accommodated in said school, and the 
number of pupils of school age, actual residents of such 
school corp orations, as shown by the county superintend- 
ents' report last filed with the county auditor, of said county; 
said apportionment shall be published in the official papers 
of such county, to be paid for, as other county printing; 
pupils from the said school corporations to the number so 
designated in such apportionment, shall be entitled to admis- 
sion into said school, tuition free, and none others, and it 
shall b3 unlawful to accredit pupils so attending to any 
other school corporation, than the one in which they are 
enumerated for school purposes. Should there be mire 
applicants for such admission from any school corporation 
than its proportionate number, so determined, then the 
board ot directors of such school corporation shill designate 
which of said applicants shall be entitled to so attend. If 
the school shall be capable of accommodating more pupils 
than those attending uader such apportionment, others m\j 
be admitted by the board of trustees, preference at all times 
being given to pupils desiring such admission, who are resi- 
dents of the county. The board of trust 3es shall fix reason- 
able tuition for such pupils. If such pupils are residents of 
the county the school corporation from which they attend 
shall pay their tuition out of its contingent fund. The prin- 
cipal of such high school shall report to the said board of 
trustees under oath, at the close of each term the names 
and number of pupils attending such school during said 
term, from what school corporation they attended, and the 
amount of tuition, if any, paid by each, the same to be 
included in the annual report of the secretary of the board 
of trustees to the board of supervisors, provided for in sec- 
tion twenty-seven hundred and thirty-one (2731) of the code. 
The tuition so paid to be turned over to the treasurer of the 
board of trustees to be used in paying the expense of said 
school under the direction of said board." 

Sec. 5. Petitions to abolish — election. That section twenty- 
seven hundred and thirty-three of the code bej^repealed and the fol- 
lowing substituted: 

' ' Whenever citizens of any county having a county high 
school desire to abolish the same or to dispose of any part 
of the buildings or property thereof, they may petition the 
board of supervisors at any regular session thereof in rela- 
tion thereto, and sections three hundred and ninety- seven 
(397), three hundred and ninety-eight (398), three hundred 
and ninety-niae (399) and four hundred (400) of the code 
shall apply to and govern the whole matter, including the 
manner of presenting and determining the sufficiency of 
such petitions and remonstrances thereto, so far as appli- 
cable. If an election is ordered the same shall be held at 
the time of the general election or at a special election called 



for that purpose and the proposition shall be submitted and 
the election conducted in the manner provided in title six 
(6) of the code. If any proposition as herein provided be 
legally submitted and adopted, the board of supervisors is 
hereby empowered to carry the same into effect." 
Approved April 12, 1898. 



CHAPTER 85. 

H. F. 113. 
AN ACT to amead section tweaty-seven huadred aud thirty-four (2734) of the 

code, relating to the qualiflcatioas of couaty superintendents. 
Be it enacted by the Oeneral Assembly of the State of Iowa: 

Section 1. Two years' certificate. That section twenty-seven 
hundred and thirty-four of the code be aad is hereby amended by 
striking out of the second and third lines thereof the words: " first 
class or" and inserting ia lieu thereof the words: "Two years cer- 
tificate as provided for in section twenty-seven hundred and thirty- 
seven (2737) of the code issued by any county superintendent in the 
state, or a." 

Approved April 12, 1893. 



CHAPTER 86. 

S. F. 181. 
AN ACT to amend section twenty-seven hundred and thirty-six (2736) and 

twenty-seven hundred and thirty-seven (2737) (chapter [thirteen] 13 of title 

[XIII] 13) of the code, relating to county superintendents and the examination of 

applicants for teachers' certificates. 
Be it enacted by the General Assembly of the State of -Iowa: 

Section 1. Didactics required. That section twenty- seven 
hundred and thirty- six of the code be amended by the insertion of 
the word "didactcs" after the words "United States" in the third 
line. 

Sec. 2. Same. Amend section twenty-seven hundred and thirty- 
seven by striking out the word "didactics" after the word "branches" 
in the seventh line of said section. 

Approved JVEarch 31, 1898. 



CHAPTER 87. 

H. F.'99. 

AN ACT to amend sectioa twenty-seven huadred and ijhirty-eight (273S) of the 

code, relative to the disbursejient of the institute fund. 
Be it enacted by the Oeneral Assembly of the State of Iowa: 

Section 1. Disbursement of institute fund. That section 
twenty-seven hundred and thirty-eight (2738) of the code be amended 
by striking out the last sentence thereof commencing with the words 
"all disbursements of the institute fund," and continuing to the 
close of said section and inserting in lieu thereof, " All disburse- 
ments of the institute fund shall be by warrants drawn by the 
county auditor, who shall draw said warrants upon the written order 
of the county superintendent, and said written order must be accom- 
panied by an itemized bill for services rendered or expenses incurred 
in connection with the institute, which bill must be signed and 



— 8 — 

sworn to by the party in whose favor the order is made and must be 
verified by the county superintendent. All said orders and bills 
shall be kept on file in the auditor's office until the final settlement 
of the county superintendent with the board of supervisors at the 
close of his term of office. No warrant shall be drawn by the 
auditor in excess of the amount of institute fund then in the county 
treasury." 

Approved April 12, 1898.. 



CHAPTER 88. 

S. F. 130. 

AN ACT to require boards of school diractors to fence schoolhousa sites. 
[Amendatory to title XEII, chapter 14, of the code, relating to system of com- 
mon schools.] 

Be it enacted hy the General Assembly of the State ot Iowa:] 

oECTiON 1. Duty of boards of school directors. It shall be 
the duty of all boards of sahool directors in school districts where 
the sctioolhouse site adjoins the culcivatsd or improved lauds of 
another to build and maintain a lawful fence between said site and 
cultivated or improved lands. 

Sec. 2. Rights of owner of adjoining lands. The owner of 
lands adjoining any schooihouse site shall have the right to connect 
the fenC3 on his lands wi-h the fences around any schoolhouse site, 
but he shall not be liable to contribute to the maintenance of the 
fence around said site. 
Approved March 25, 1898. 



CHAPTER 89. 

■S. F. 186. 

AN ACT to empower boards of directors of school corporations to change bound- 
ary lines batween such corporations in certain cases. [Amendatory of title 
XIK, chtoter 14. of fctie code, pertaining to syst-^m of common schools. 

Be it enacted hv tlie General Assembly of the State of Iowa: 

bECTiON 1. Corporation limits changed. When the boundary 
line between a school towaship and an independent city or town dis- 
trict is not also the line between civil townships, such boundary may 
be changed at any time by the concurrence of the boards of direct- 
ors; but in no case shall a forty-acre tract of land, by the govern- 
ment survey, be divided; and such subdivisions shall be excluded or 
included as entire forties. The boundaries of the school township 
or the independent district may in the same manner be extended to 
the line between civil townships, even though by such change one 
of the districts shall be included within and consolidated with the 
other as a single district. Wtien the corporate limits of any city or 
town are extended outside the existing independent district or dis- 
tricts, the boundaries of said independent district or districts 
shall be also correspondingly extended. But in no case shall the 
boundaries of an independent district be affected by the reduction 
of the corporate limits of a city or town. 

Approved March 19, 1898. 



_9 — 

CHAPTER 90. 

IH. P.itlSl. 

AN A.Cr to provide for the sale and distribution of the school laws of Iowa. 
[A.dditional to title XIII, chapter 14, of the code, relating to the system of 
common schools.] 

Be it enacted by the General Assembly of the State of Iowa: 

Section 1. County auditors— requisition — duplicate re- 
ceipts. On or before the 15th day of November of each year, the 
auditor of each county shall make an estimate of the number of 
copies of the schools laws of Iowa as will, in his judgment, be 
required to supply the dediand for such laws in his county, in addi- 
tion to the number of copies of said school laws furnished by the 
state as provided for in section 2624, chapter 1, title 13 of the code. 
The county auditor shall transmit his estimate to the superintend- 
ent of public instruction, together with a requisition for the number 
of copies required. On receipt of the requisition the superintendent 
of public instruction shall forward to the county auditor the number 
of copies named in the requisition. On receipt of the copies trans- 
mitted to him, the county auditor shall execute receipts therefor in 
duplicate, one of which he shall immediately transmit to the super- 
intendent of public instruction and the other to the state auditor. 

Sec. 2. Sale — price. Tne county auditor shall keep for sale at 
his office in the court house of the county, copies of the school laws 
of the state of Iowa, which he shall receive in the manner hereinbe- 
fore provided, at a price not to exceed twenty (20) cents per copy of 
such laws, bound in paper and not to exceed 30 cents per copy of 
such laws bound in cloth and pay the proceeds of such sales into the 
county treasury on or before the 15th day of November of each year. 

Sec. 3. Statement of copies sold. The said county auditor 
shall also on or before the 15th day of November of each year, make 
out in writing under oath, a statement of the number of copies sold 
by him and not before accounted for, and the number remaining on 
hand and the amount paid to the county treasurer, and transmit such 
statement to the auditor of state, who shall charge the county treas- 
urer with such amount, and the superintendent of public instruction 
shall certify to the state auditor, the number of copies transmitted 
to each county auditor and the state auditor shall charge each county 
auditor therewith, and subsequently credit him with such as may be 
sold or otherwise lawfully disposed of. 

Sec. 4, Copies delivered to successor. When the county 
auditor goes out of office, having any such copies remaining, he 
shall deliver them to his successor, taking his receipt therefor in 
duplicate, one of which shall be sent to the state audi tor which shall 
be his sufficient discharge for the same. 

Approved April 12, 1898. 



— 10 — 

CHAPTER 91. 

S. F. 172. 

AN ACT to amend sections twenty-seven hundred and forty-four (2744) and 
twenty-seven hundred and fifty-four (2754) of the code, relating to the names 
of school corporations and the election of directors therein. 

Be it enacted by the General Assembly of the State of lowu - 

Section 1, Village included. That section tweaty- seven hun- 
dred and forty-four of the code be amended by striking out the 
words "or incorporated" in the fifth and sixth liaes thereof and 
inserting after the word "town" in the sixth line the words "or 
village." 

Sec. 2. Membership of board. That section twenty-seven 
hundred and fifty-four of the code be amended by striking out the 
words "or incorporated" in the seventh line thereof and inserting 
after the word "town" in s&id line the words "or village." Also 
by inserting after the word "districts " in said line the words "And 
in all rural independent districts where the board now consists of 
six members. " Also by adding after the figures ' ' 1900 " in the tenth 
line of said section the followmg: "In all independent city, town, 
or village districts where the board now consists of three members 
such board shall hereafter consist of five members, three of whom 
shall be elected on the second Monday in March, 1898, one for one 
year, ore for two year.?, and one for three years." Also by insert- 
ing, before the word "rural" in the tenth line, the word "other." 
Also by striking out the word " incorporated" in the thirteenth and 
fourteenth lines. 

Sec. 3. In effect. This act, being deemed of immediate impor- 
tance, shall take effect and be in force from and after its publication 
in the Iowa State Register and Des Moines. Leader, newspapers pub- 
lished in Des Moines, Iowa. 

Approved February 18, 1898. 

I hereby certify that the foregoing act was published in the Iowa State Regis 
ter and the Des Moines Leader, February 19, 1898. 

G. L. DOBSON, 
Secretary of State. 



CHAPTER 92. 

S. F. 273. 

AN ACT to amend section t w^enty-seven hundred and fifty-two (2752) of the^^ode 
relating to boards of directors of school townships. 

Be it enacted by the General Assembly of the State of Iowa: 

Section 1. Number of directors. That section twenty-seven 
hundred and fifty -two of the code be and is hereby amended by 
striking out of line three thereof the words "are only two" and 
inserting the words "is an even number of" in lieu thereof. Also 
by striking out the words "a third " in the same line and inserting 
the word ' ' another. ' ' 

Approved April 9, 1898. 



— 11 — 
CHAPTER 93. 

H. F. 101. 
AN ACT to amend sec[tion] ftwenty-seven hundred and fifty-four] 2754 of the 
code of Iowa, relating to the term of office of school treasurers, in districts 
composed in whole or in part of cities or incorporated towns. 

Be it enacted by the General Assembly of the State of Iowa: 

Section 1. Term of treasurer. That sec. 2754 of chap. 14 of 
title 13 of the code of Iowa be amended as follows, to- wit: strike out 
the words "one year" in the 15ih line and insert in lieu thereof, the 
words " two years. " 

Sec. 2. In eflfect. This act, being deemed of immediate impor- 
tance, shall take effect and be in force from and after its publica- 
tion in the Iowa State R glsier and the Des Moines Leader, news- 
papers published at Des Moines, Iowa. 

Approved February 17, 1898. 

I hereby certify that the foregoing act was published in the Iowa State 
Register and the Des Moines Leader, February 18, 1898. 

G. L. DoBSON, 
Secretary of State. 



CHAPTER 94. 

H. F. 1. 

AN ACT to amend section [twenty-eight hondred and eight] 2808 of the code, 
and to provide for the manner of distributing funds in the hands of the -county 
treasurer belonging in common to all the schools in the county. , 

it enacted by the General Assembly of the State of lotoa:] 

Section 1. Apportionment. That section twenty- eight hun- 
dred and eight (280b) of the code be amended by striking out all that 
part beginning with the word "he" in the ninth line thereof and 
adding in lieu thereof, the followirg: "He shall immediately notify 
the county treasurer of such apportionment and cf tiie amount due 
thereby to each corporation. The county treasurer shall thereupon 
give notice to the president of each corporation, and shall pay out 
such apportionment moneys in tha same manner that he is author 
ized to pay other school moneys to the treasurers of the -^several 
school districts." 

Approved February 9, 1898. 



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LIBRftRY OF CONGRESJ 




— 13 - 

CHAPTER 95. n-.^.,,,„,,,,^,™,,,ii„i,ii^iii 

S. F. 360. 

AN ACT to amend sections twenty-eight hundred and twelve (2812) and twenty- 
eight hundred and thirteen (28)3) of the code, relating to the issuance of bonds 
by school corporations and the levy of taxes for the payment thereof 

Bt it enacted hy the General Assembly of the State of Iowa: 

Section 1. Issuance of bonds. That section twenty-eight hun- 
dred and twelve (2812) of the code be amended by striking out the first 
seven lines thereof, and the words "purpose which" in the eighth 
line and inserting in lieu thereof the foJlowing: "The board of 
directors of any school corporation may issue bonds in its name to 
pay any judgment against it or ar y indebtedness ur>der bocds lawfully 
issued and redeemable by their terms which new bonds shall be duly 
authorized by resolution of the board and shall be known as school 
funding bonds. The board may also issue bocds to be known as 
school building bonds, for the purpose of providing funds for the 
erection, completion or improvement of school houses, when author- 
ized by the voters at the regular meeting or a special meetirg called 
for that purpose. Each of such classes cf.'" 

Sec. 2. Money borrowed excluded. That secticn twenty- 
eight hundred and thirteen of the code be amended by striking there- 
from the following: "Or in an independent city or town district or 
[of] any money borrowed for imprcvements after a vote thereof 
authorizing the same." 

Approved April 7, 1898. 



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LIBRARY OF CONGRESS 

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HoUinger Corp. 
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